Regina v Secretary of State for Trade and Industry, Ex Parte Eastaway: HL 8 Nov 2000

Where the Court of Appeal had refused permission to apply for judicial review after a similar refusal by a judge, that decision was also, by implication, a refusal to grant permission to appeal against the judge’s decision, and there was no scope for a further appeal to the House of Lords. It is not the role of the highest court to correct errors in the application of settled law.


Lord Bingham of Cornhill Lord Steyn Lord Hoffmann Lord Clyde Lord Millett


Times 08-Nov-2000, Gazette 30-Nov-2000, [2000] UKHL 56, [2000] 1 WLR 2222, [2000] 1 All ER 27


House of Lords, Bailii


Company Directors Disqualification Act 1986 6, Supreme Court Act 1981 18(1A) 31(3), Access to Justice Act 1999 54, Civil Procedure (Amendment Rules) 2000 (SI 221/2000), Appellate Jurisdiction Act 1876 3


CitedPractice Direction (Judicial Review: Appeals) CA 1982
The Court gave a practice direction on recourse to the Court of Appeal following refusal of leave to apply for judicial review by a Divisional Court or a single judge, describing such a refusal as ‘appealable to the Court of Appeal’. . .
CitedPractice Direction (Court of Appeal) (Civil Division) CA 19-Apr-1999
As part of the modernisation and reform of civil procedure, all the principal Court of Appeal practice directions are consolidated now into this one document handed down by the court.
‘2. Permission to appeal
2.1 When is permission . .
CitedLane v Esdaile HL 5-May-1891
The court considered the extent of the House’s jurisdiction as an appellate court. Section 3 of the 1876 Act provided that an appeal should lie to the House of Lords from ‘any order or judgment of . . Her Majesty’s Court of Appeal in England’. The . .
CitedKemper Reinsurance Company v The Minister of Finance and others PC 5-May-1998
(Bermuda) An appeal Court did have jurisdiction to hear an appeal against the discharge of leave to apply for certiorari order, since this was outside scope of the rule in Lane v Esdaille.
Lord Hoffmann said: ‘Nevertheless, the limited nature . .
CitedIn re Housing of the Working Classes Act 1890, Ex parte Stevenson CA 1892
A party had applied to a judge for what in effect amounted to leave to appeal and had been refused.
Held: Wherever power is given to a legal authority to grant or refuse leave to appeal, the decision of that authority is, from the very nature . .
CitedIn re Poh HL 1983
The applicant had unsuccessfully applied to the Divisional Court for leave to apply for judicial review and renewed his application, equally unsuccessfully, to the Court of Appeal. He then petitioned for leave to appeal to the House of Lords.

Cited by:

See AlsoSecretary of State for Trade and Industry v Eastaway CA 6-Apr-2001
. .
See AlsoSecretary of State for Trade and Industry v Eastaway; Re Blackspur Group (No 3), Secretary of State for Trade and Industry v Davies and Others (No 2) CA 13-Sep-2001
. .
See AlsoEastaway v The United Kingdom ECHR 20-Jul-2004
The applicant had been proceeded against after the collapse of companies in which he was involved with very substantial debts. The proceedings had begun in July 1990, and lasted nearly nine years.
Held: Where proceedings could be expected to . .
See AlsoIn Re Blackspur Group Plc; Secretary of State v Eastaway ChD 21-Jun-2001
The director was amongst a group against whom a director disqualification order was sought. He offered an undertaking, but the Secretary of State refused to accept this unless it was accompanied by a statement as to the factual basis on which it was . .
See AlsoEastaway v Secretary of State for Trade and Industry and similar ChD 2-Mar-2006
. .
See AlsoEastaway v Secretary of State for Trade and Industry CA 10-May-2007
The applicant had been subject to company director disqualification proceedings. Eventually he gave an undertaking not to act as a company director, but then succeeded at the ECHR in a complaint of delay. He now sought release from his undertaking . .
CitedCooper v HM Attorney General QBD 30-Sep-2008
The claimant sought damages from the court saying that it had failed to properly apply European law. It had rejected his applications for judicial review.
Held: Any failure by the court was not sufficiently manifest to bring the case within . .
CitedCoke-Wallis, Regina (on The Application of) v Institute of Chartered Accountants In England and Wales SC 19-Jan-2011
The appellant chartered accountant had been convicted in Jersey after removing documents from his offices relating to a disputed trust and in breach of an order from his professional institute. The court now considered the relevance and application . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Judicial Review

Updated: 19 May 2022; Ref: scu.85546